People often need to hire attorneys while going through difficult times in their lives. They rely on their attorneys to provide them with guidance and to help them pursue justice. For example, those who have recently lost a loved one due to illegal behavior or negligence may choose to pursue a wrongful death lawsuit.
They can request compensation for the practical implications of the recent tragedy that occurred. A recent story out of Minnesota highlights the importance of adequate legal guidance and representation when seeking justice. When attorneys make critical mistakes, their errors and oversights can deny their clients the closure and compensation that they deserve.
A lawyer’s mistake can compound a tragedy
There is nothing more horrifying to devoted parents than the thought of losing a healthy child. When someone dies a preventable, premature death, those grieving after the fact may choose to file a wrongful death lawsuit. That is what happened in Minnesota 12 years ago.
Following the death of their son, a new college student, in 2013, the parents chose to pursue a wrongful death lawsuit on the basis that first responders made an egregious error of judgment by declaring their son dead when he was in fact experiencing extreme hypothermia. Postmortem evaluations eventually determined that the young man passed in the morgue and may have survived if first responders had handled the situation appropriately.
His heartbroken parents retained the services of a respected personal injury lawyer who repeatedly discussed the impending statute of limitations for filing the lawsuit. While his firm did file the necessary paperwork to initiate a wrongful death lawsuit, the filing took place at the 11th hour. The firm also failed to communicate to the parents that they had to assume authority over their son’s estate to have the legal standing to file the lawsuit.
The courts ultimately dismissed that lawsuit and subsequent filings made in an attempt to pursue justice despite the statute of limitations expiring. After the federal Supreme Court declined to hear the case in 2020, the parents decided to file a legal malpractice lawsuit against their attorney.
The courts handed down a default judgment for $6.4 million in this case, holding the lawyer accountable. The courts found that the parents could have secured compensation and prevailed in their lawsuit if instructed to assume control over their son’s estate as was necessary according to state statutes.
In cases where a lawyer fails to do something basic related to a legal matter, such as missing the statute of limitations or failing to explain what was necessary to have standing to sue, their mistakes may constitute malpractice. Those harmed by a lawyer’s oversights or incompetence may be able to pursue justice in the civil courts. Reviewing an attorney’s conduct with a skilled malpractice team can help frustrated people explore whether they may have grounds to file a legal malpractice lawsuit.